Is The Haunted Castle (1921) public domain?
Pre-1972 sound recordings can be protected under US state law and the Music Modernization Act until 2067 or later — the print being public domain does not free the recorded music.
📄 Download the print-layer research packet (Markdown) — citations you can attach to a dispute. Not legal advice; print layer only.
Rights, layer by layer
A film is not one copyright — it is several. Each layer below can be free or protected independently. This is why one-click “public domain” answers are wrong so often.
| Film print (photoplay) | Clear |
|
|---|---|---|
| Music score | Active rights |
|
| Underlying story / screenplay | Clear |
|
| Character trademarks | Unclear | No primary evidence on file — treated as unverified. |
| Restorations / re-releases | Active rights |
|
Automatic rule notes
- Published 1921: US copyright term (95 years) has expired for works published through 1930 — the film print is public domain in the US by term expiry, regardless of country of origin.
Watch it free (archival copies)
Background
The Haunted Castle (Schloss Vogelöd, 1921) is the third surviving feature by F.W. Murnau, shot in twelve days at Babelsberg Studios for Uco-Film and distributed by Decla-Bioscop. Despite the English title and a US country code in some licensing catalogs, it is a German production: Carl Mayer's screenplay adapts a serialized novel by Rudolf Stratz, and neither the film nor its source novel was ever registered with the US Copyright Office. It is a drawing-room murder mystery, not supernatural horror — an uninvited count disrupts a weekend hunting party at a Bavarian manor and catalyzes a chain of flashback confessions.
Filmmakers value it as an early instance of Murnau's fluid camerawork and high-contrast lighting, a dry run for the style he would push further in Nosferatu (1922). The rights trap is the restoration: the Friedrich Wilhelm Murnau Foundation reconstructed the film in 2002 from the German Federal Archives negative, and Kino Lorber sells it as a Restored Authorized Edition (DVD 2009, Blu-ray 2019) with a newly commissioned score. That product carries its own copyright — the public-domain status of the 1921 print does not extend to it. Use the unrestored Archive.org copy (identifier: silent-the-haunted-castle) and strip or substitute any score before publishing.
Common questions
Can I use footage from this film in a video, documentary, or commercial without licensing it?
Yes, from an unrestored print. The 1921 film's US copyright expired no later than January 1, 2017 (95-year maximum term from 1921). The Archive.org copy (silent-the-haunted-castle, uploaded by Archive staff) can be used freely for the picture. If your source copy includes a newly composed musical score — as the Kino Lorber Blu-ray does — that score is a separate protected work; mute it or substitute your own before publishing.
Does the Friedrich Wilhelm Murnau Foundation or Kino Lorber own rights to this film?
Not to the underlying 1921 footage, which is public domain. But the Murnau Foundation's 2002 reconstruction and the Kino Lorber Restored Authorized Edition embody new editorial and musical contributions that are separately copyrighted. Ripping that edition for commercial use requires Kino Lorber's permission; starting from a public-domain source print does not.